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HomeMy WebLinkAbout2813 _ _ _ - _ } Lettder~s written agroetaent a applicabM law. borrower thsll pay the aatount of sN nartgage iasunooa ps+paittma is the = manner provided under parsgnph 2 heroot. Any amounts disbursed by Lender purswnt to this paragraph with interest thereon, shag become additional indebtedttea of Borrower secured by this Mayagp. Utdas Borrowu sad Lettd~r terra of payment. such _ amounts shsll be payable upon notice from Lender to borrower roquesting payt~ieull!6~ i~d shall bear ~terat tt~oet the' date of disbursement. at the rate payable from time to time on outstattdiittg principal under the Note ualeas ps~mettt of interest at such rate would be contrary to applicable law, in which event such amounts chap best ia/ere:t at the highest rant j pennissibk under appiicabk law. Nahing contained in this paragraph 7 shag requite Lender to inettr goy expense at tab _ any sctioa Iaeretntder. isepeeAaa. Lender may make or cone to be msde reasottabk entries upon and inspectiaa of the Property. proa?ided _ that Lender shall give Borrower notice prior to nay such inspection specifying reasonable cave therefor related b I~ettder*s interest in the Property. " f. C~adesissitioa. The proceeds of any award a claim for damages. direct a ootaequetttial. in oottttectiost with nth condemnation or abet taking of the Property, or part thereof, or for conveyattoa in lieu of oorademaatioa, are htaobf assipted and :hall be paid b Lender. Tn the event of a teal taking of the Property, the proceeds shall be applied to the sutra secured bf the Mosipge, t with -the excess. if any, paid to Borrower. in the event of a partial taking of the Propetry?. unless Borrower sad Larder ahenvise agree in writing, there :hall be applied to the sums secured by this Mortgage such proportion of tlto p+oaeds ss is equal b that proportion which the amount of the sutrts secured by this Mortja6e itttntedistdp prior b the data of i taking bears to the fair market value of the Property immediately prior to the data of taking, with the balattoe o[ the pooeeds paid to Borrower. If the Property is abandoned by Bor.ower. or if. after notice by Lender to Borrower that the oondeomtor oA~ers tD taab _ an award or settle a claim for damages, Borrower faih to respond to Lender within 30 days after the dent such tsotioe it mailed. Lender is authorised to collect and apply the proceeds, at Lender's option. either b restoration or repair o[ 1M Property or to the wms secured by this Mortgage. Unka Lerttkr and Borrower aherwise agree in writing, any such application of proceeds to principal shag not artlatd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof a the amount o[ such instalhneats. 11. Borr~awer Not Releases. Extension of the time for payment or modification of atttortization of the sums leaned by this Mortgage gntntad by Letxkr to any sttooessor in interest of Borrower shag not operate to reksse. in nay ssantter. the iiabiNty of the original Borrower and Borrowtr's sueceswrs in interest. Leader shall tat be requited b oomtttenoe proceedings agaitat such successor or refuse to extend time for payment a aherwise modify aatortintion ad the store secured by this Mortgage by reason. of any demand trade by the orittinal Borrower and Borrower's sttcogsors in httertat. 11. Ferhearaaee dy ieaier Not a Waiver. Any. forbearance by Lender in exercising any right or remedy bratrtder, or otherwise afforded by applicable law. shah not be a waiver of or preclude the eacercise of. any such right or remedy- - The procurement of insurance or the payment of taxes or other liens or charges by Lender shag not be a waiver of Loaders right to scceknte the maturity of the indebtedness secured ~ this Mortgage. - 12. Resaesks CtrastthYvfi. All rartedig provided in this Mortgage are distinct and cumulative to any other right or remedy uader~this Mortgage o< afforded by law or equity. and may be exercised coactt:retttly, independonth~ or wooesrivdy. ' iS. Saccessess sets Asstgas •ortsas:.leitt/ eats Several i.iabilf; Ca*Aaas. The covenants and agreements herein oontairted shag bind, and the rights heteurader shall inurg to. the.rcspective atooessots and staigos of Leader and Borrower. subject to the provisions of paragraph 17 hereof. All covenant: and agreemrnts of Borrower snap be jatd sttd sevsxal. The captions' and headings of the paragraphs of this Mortgage are for conven'tettce only and an not to lk used to interpret or deAne the provisions hereof. t4. Notice. Except for any notice regtairtd under applkabk law to be given in another manner. (a) airy notice b _ Borrower provided for in this Mortgage shall be given by mailing such notice by certified mat? addreaed to Borrower at the Property Address or at such other address as Borrower may designate by naioe to T.ettdet at provided herein. and (b) any notice to Lender shall he given by certified mail, return receipt requested. to Lenders sddrge. stated hweit or to such other address as Lender may designate by notice to Borrower. ss provided herein. Any ttotioe provided for in fhb Mortgage shall be deemed to have born given to Borrower a Lender when given le the matmer desfignsted herein. iS. Utti[orta 1Nortg~pe: GovettaiaR Law: $evers6Wtf. This form of mortgage combing uniform eo~rettattts for astiooal use and non-uniform covenants with limited variations by jurisdiction to cotWituta a uniform security ~trumeM a~rietg ' real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located- la the event that any provision or clause of this Mortgage or the Nae cottAicts with applicable law. such ooaAict shop not affect E other provisions of this Mortgage or the Note which can be given e$ect without the oonAicting provision. and to this f and the provisions of the Mortgage and the Nae are declared to be severable. ~ If. losrswers Cop. Borrower shall be furnished a conformed copy of the Nae and of this Mortgage at rho tone of execution or after recordation hereof. 17..11ra¦ster of tie Propestr: Aaswtttpiw. if all or any part of the Property or as interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or enewnbranoe subordinate to this Mortgage, (b) the creation of a purchase money security interest for ltouseitold appliances, (e) a transfer by devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may. at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to acoelerale if. prior to the sale or tratafer. Lender and the person to whom the Property K to be cold a transferred teach agreeraettt is writing that the credit of such person is satisfactory to Lander and that the interest psyabk on the sums secured by this Mortgage shall be at such me u Lender shall r+ecprest. i[ Lender has waived the opion to aooelerate provided in this paragraph 17. std if. borr+ower's sttooessor in interest has exetttled a written sswmpion agreanatt seoepted k writing by Leader. Leader shag release Borrower from ap obljpttiaa under this Mortgage and the Nae. if Fender exercises such option to accelerate, Lender shall mail Borrower notice of accelerstion in acoondanca with psa~splt 14 hereof. Such notice shall provide a period of not lea than 30 days fray the date the notice is trtailed whhin l which Borrower may pay the sums declared due. if Borrower faih to pay such sums prior b the expkation of such period. bender may. without further notice or demand on Borrower. invoke any retttedig permitted by paragraph lg hereof. Non-lJt+tponw CovtaHarrrs. bomowar and Lender further covenant and agree as follows: lt. Aeedesadaal Ratasiss. Bush r N'avliei iia MnfPsN 17 Iteswt. psa ltasswra~is iseaeh st oaf cswsaaat K apremeat s+t iisserawar r liis Maelsagt, laelaig tie eweasais N pq wtrea sae sssf etsass tscirsei 1a7r Ai MaslR,sgs. iwavrer paler M aecsf+asitfaa slt.D .call .stlos Ira Mssrwer ro pro~.l+w r p.rbrarh 14 ieses[ s f.dtirl¦gs p) sa M..ehs tie selra sr*is~ad w care staei ~seaela (1~ a salR rant b thaw lA days f'rsw qta dsr tie aalke is sisfled /a Mtraver. y wYer sari frees toast be ettra~ a¦s (4) t1ta1 iiflwr M etrre stxi Meaei M ~ befNe tie sale ~ ~ at tits >ler/er4~ aafios . aeaybaAisa of Ats stria asettsris b Atle Mamie. Uas~acMswe b i~b M tie/ lht.tisr relearn lfare~awar s+t eta sydtl w ssiashMc war ateetasatlaa gas Acs ri(drt N asset r Ats lasoclssttss pasossig ~e aew~rdelettee of a sda.lt err aWr Mbr idettas a+t t.srwer M seeelaatl....d tanelas.ra r Ats faeces r rant owi.. ide+e tie s.1e ap.ewd V Ate ttaAes. Leaser M i.easer's ptitra ttsstf sselsse sit ai tie strata saewod b Atis MasysAe to b iat.asialefl? sae gas pgaMe..Ni..1 ttsrttter snttaae attd way t«eclees tii Mas~ebs b few !s'm'g~R• i.~wde? dtall b o¦WMS M asset r arses /raaet~iisi ant e:pe~ at faseMNtrt,laeiaBsg. flat ant >tatllss Oa,~ rewaaiie snoraey~s fats. gad oasts of iewaaMarf a.iseaoe, aMfraels gad tlge reMrln. - If. psssiwa's Rltit M Rsi¦shtts. Notwithstatding Lenders aocekntion of the sutra secttrod by the Mortgage. Borrower shall have the right to have any proceedings beEttn by Lender to enforce this Mortgage di:oontinued at shy tithe c Nr~ 800K~11Gt~ PACE~,OV /